People v. Hull

Illinois Appellate Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
2020 IL App (3d) 190544
Decision Date: 
Thursday, December 31, 2020
District: 
3d Dist.
Division/County: 
La Salle Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE

Defendant was involved in a high-speed chase, beginning in Marshal County and ending when Defendant crashed his vehicle in La Salle County. Defendant received Marshall County traffic citations for 3 misdemeanor offenses (fleeing and eluding, speeding, and reckless driving). Three months later, Defendant was charged by indictment with aggravated fleeing and eluding, a felony offense. Five months later, Defendant pled guilty to the misdemeanor of fleeing and eluding in Marshall County. Court properly granted his motion to dismiss the felony charge in La Salle County. Jeopardy attached when Defendant pled guilty in Marshall County. As charges in the 2 counties arose from the same act and were essentially the same offense. The Marshall County fleeing and eluding charge was a lesser-included offense of the La Salle County aggravated fleeing and eluding charge, the La Salle County prosecution was barred by double jeopardy.  (McDADE and WRIGHT, concurring.)